ARREST!!! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#24

[laserdisc10]

In light of the fact Samantha Bodsworth killer was free to go having served approx. 14 years, I have to say that based on sentences imposed for murder in this country, aligned with time served before release on parole, I wouldn't have much hesitation about murdering someone or maybe several persons, particularly if --while serving the sentence -- I were able to change my identity should I wish in addition to obtaining qualifications I'd been unable to afford financially and timewise beforehand

The sentences imposed in this country are almost an encouragement to commit crime, considering the limited employment opportunities and the high and ever increasing costs of living and housing on the 'outside'

Basically, sentences imposed on killers could be said to be preferable to signing up with the armed forces

Armed forces train and pay people to kill

Convicted murderers are punished for killing

Being a paid-killer in the armed forces often results in post-traumatic-stress, nightmares, flashbacks, broken marriages and relationships, various physical conditions caused by vaccinations administered and/or conditions caused and contracted during active service, unpredictable bouts of violence, etc.

Convicted murderers are rehabilitated, provided medical and psychiatric care and taught to understand and control their violent/anti-social impulses, etc.

The older I become, the more persuaded I am that our world is actually one of the levels of Hell and judges/legislation are the pawns of demons

Anyway, if anyone murders any of my children, they'd better hope the police get to them before I do. And even if the police do save them from me at the outset -- I'd be waiting for them after those oh so anonymous members of parole boards set them free to go whistling off into the sunset after 10 or 14 years

 

[plentyofnous]

Can anyone tell me if the hearing on Thursday will be the only chance for GBC to get bail? ie if he is unsuccessful this time, can he reapply at a later date, or will that be the only chance before trial?
I'm just thinking the evidence against him would want to be extremely sound for the decision to be made to keep an "upstanding citizen" (as his lawyers will portray), who probably wouldn't be deemed a threat to anyone else, behind bars for up to 3 years before trial.

there are previous links on the preceding pages which will answer your questions , short answer is , one shot , but there are chances if material evidence changes etc

 

[Keentoknow]

In light of the fact Samantha Bodsworth killer was free to go having served approx. 14 years, I have to say that based on sentences imposed for murder in this country, aligned with time served before release on parole, I wouldn't have much hesitation about murdering someone or maybe several persons, particularly if --while serving the sentence -- I were able to change my identity should I wish in addition to obtaining qualifications I'd been unable to afford financially and timewise beforehand

The sentences imposed in this country are almost an encouragement to commit crime, considering the limited employment opportunities and the high and ever increasing costs of living and housing on the 'outside'

Basically, sentences imposed on killers could be said to be preferable to signing up with the armed forces

Armed forces train and pay people to kill

Convicted murderers are punished for killing

Being a paid-killer in the armed forces often results in post-traumatic-stress, nightmares, flashbacks, broken marriages and relationships, various physical conditions caused by vaccinations administered and/or conditions caused and contracted during active service, unpredictable bouts of violence, etc.

Convicted murderers are rehabilitated, provided medical and psychiatric care and taught to understand and control their violent/anti-social impulses, etc.

The older I become, the more persuaded I am that our world is actually one of the levels of Hell and judges/legislation are the pawns of demons

Anyway, if anyone murders any of my children, they'd better hope the police get to them before I do. And even if the police do save them from me at the outset -- I'd be waiting for them after those oh so anonymous members of parole boards set them free to go whistling off into the sunset after 10 or 14 years

:goodpost: I can relate to you.

 

[Trooper]

I also think, and I am not a criminal lawyer, so I need expert correction here.. that on Thursday, when he applies for bail, that is the first time he will be made cogniscant of the evidence against him?? that is, the QPS has no obligation to inform his barrister of the content of the substantiation of the charges as yet?? until a trial date is set..

or.. does Gerard know what they have got? and of course, conversely, what they havent got.. ?

 

[marlywings]

You are so right . Guessing and making assumptions has a low accuracy rate. Sometimes law and order can be upside down. I am sure Det Mark Ainsworth will have a good brief.

I just soooooooooo want to know what's in his gotcha bag!!!!!!!!!..lol.

 

[Strangeworld]

I wonder if GBC's family haven't applied for visitation rights because they are confident he will be released on bail (because the process to apply for visitation may extend beyond the date he may be released)? Just thinking this because on the Ch10 story posted above, it said that noone had actually applied for visitation.

 

[ActusReus]

Can anyone tell me if the hearing on Thursday will be the only chance for GBC to get bail? ie if he is unsuccessful this time, can he reapply at a later date, or will that be the only chance before trial?
I'm just thinking the evidence against him would want to be extremely sound for the decision to be made to keep an "upstanding citizen" (as his lawyers will portray), who probably wouldn't be deemed a threat to anyone else, behind bars for up to 3 years before trial.

There's no limit to the number of times a person on remand can apply for bail, however if you get refused once then unless something changes with the case there is little point in applying again.

I still think there is very little chance of bail being granted based on what we know. Once the hearing has occurred we will have a fairly good idea on what the QPS and DPP are hanging their case on.

The way a bail hearing works is the prosecution will outline the events that led to the arrest, they will outline the evidence they currently have. E.g they will say something like "we have three eye witnesses who have made statements and are willing to give evidence in court" or "we have forensic evidence placing the accused at the scene". The detail of the evidence won't be given but enough to justify the arrest and subsequent custody.

Defence will try their best to convince the judge that being remanded in custody is not required and a bit over the top.

IMO I'd much rather be arguing the prosecution than defence in this bail hearing.

 

[Trooper]

I am hoping Nige cant get a security clearance because he forgot to take out AU citizenship and reference has to be made back to Zimbabwe.. heh.. which.. .. one would imagine, the Zims are not in any hurry to deal with such trivial matters amidst their ongoing real and urgent ones.

 

[Trooper]

of course, I am also hoping that Gerard forgot to take out AU citizenship too , so that IF he is convicted and once he has served his time, he is deported. Back to Zim!.. and wont they be pleased to have Bwanas son back in their bosom.

 

[LollyPop]

Maybe it is this

http://www.abc.net.au/austory/content/2005/s1444413.htm

I really think you are onto something here....pollen or the like in shoe or tire treads or inside the Captiva that matches plants near where Allison was found?

IMO

 

[Trooper]

The real estate business in Harare is rather down, currently.. may stay down for 30 years... in fact, I am not that sure there even is a real estate business IN Zimbabwe, because Robert Mugabe usually distributes property , bypassing the middleman.

and not many 'chambers of commerce ' either.. commerce being under the same auspices..

 

[ActusReus]

I also think, and I am not a criminal lawyer, so I need expert correction here.. that on Thursday, when he applies for bail, that is the first time he will be made cogniscant of the evidence against him?? that is, the QPS has no obligation to inform his barrister of the content of the substantiation of the charges as yet?? until a trial date is set..

or.. does Gerard know what they have got? and of course, conversely, what they havent got.. ?

He would have a fair idea from the questions he was asked when arrested.(even though he allegedly said nothing) I'm making the assumption that he would have briefed his lawyers on what he was asked in the interview.

Prior to being required to plea he, through his lawyer, will be provided with a brief of evidence detailing the entire case against him. Prosecution has to show their hand to the defence well before the trial.

 

[plentyofnous]

There's no limit to the number of times a person on remand can apply for bail, however if you get refused once then unless something changes with the case there is little point in applying again.

I still think there is very little chance of bail being granted based on what we know. Once the hearing has occurred we will have a fairly good idea on what the QPS and DPP are hanging their case on.

The way a bail hearing works is the prosecution will outline the events that led to the arrest, they will outline the evidence they currently have. E.g they will say something like "we have three eye witnesses who have made statements and are willing to give evidence in court" or "we have forensic evidence placing the accused at the scene". The detail of the evidence won't be given but enough to justify the arrest and subsequent custody.

Defence will try their best to convince the judge that being remanded in custody is not required and a bit over the top.

IMO I'd much rather be arguing the prosecution than defence in this bail hearing.

I respectfully disagree, my guess is the QPS is still looking for the nail so to speak, with Mahoneys statement of not knowing his Client was at the Station before arrest, its IMO obvious there is some games and bluff going on IMO

 

[Trooper]

Thanks, ACtus...... appreciated.. I realised that before the trial the QPS has to make available to his barristers and I think there will be more than one by that stage, what they have in entirety,..

But do they have to do it before his plea for bail? or is it just a sort of precis , no details, merely outlines of what the QPS has, on Thursday?

 

[Trooper]

Would the state prosecutor, for example.. opine that witnesses may be in some danger from Gerard should he be released on bail because of.. (a) (b) (c), etc?

 

[laserdisc10]

He would have a fair idea from the questions he was asked when arrested.(even though he allegedly said nothing) I'm making the assumption that he would have briefed his lawyers on what he was asked in the interview.

Prior to being required to plea he, through his lawyer, will be provided with a brief of evidence detailing the entire case against him. Prosecution has to show their hand to the defence well before the trial.

Within the brief of evidence detailing the entire case against him, would the identities of informants (for want of correct term) who may have provided much of the evidence, be disclosed, do you know?

If so, would it be considered wise to grant bail to someone suspected of murder, under those circumstances?

 

[UnfoldingTruth]

of course, I am also hoping that Gerard forgot to take out AU citizenship too , so that IF he is convicted and once he has served his time, he is deported. Back to Zim!.. and wont they be pleased to have Bwanas son back in their bosom.

Somehow I think he would not need to take out citizenship..Wasn't he born here? Or am I wrong?

 

[bellgirl]

There's no limit to the number of times a person on remand can apply for bail, however if you get refused once then unless something changes with the case there is little point in applying again.

I still think there is very little chance of bail being granted based on what we know. Once the hearing has occurred we will have a fairly good idea on what the QPS and DPP are hanging their case on.

The way a bail hearing works is the prosecution will outline the events that led to the arrest, they will outline the evidence they currently have. E.g they will say something like "we have three eye witnesses who have made statements and are willing to give evidence in court" or "we have forensic evidence placing the accused at the scene". The detail of the evidence won't be given but enough to justify the arrest and subsequent custody.

Defence will try their best to convince the judge that being remanded in custody is not required and a bit over the top.

IMO I'd much rather be arguing the prosecution than defence in this bail hearing.

Thank you ActusReus IMO your informative post is the best of the night - especially your explanation of how the Bail Hearing will work. Thanks for being so clear and simple! :tyou:

 

[Trooper]

Somehow I think he would not need to take out citizenship..Wasn't he born here? Or am I wrong?

I am wrong too, Unfolding. his brother and sister were born in Rhodesia ( Zimbabwe) but he was born in Hants, England..


so he would have had to take out AU citizenship.. its all changed madly since 9/11...

if, after his sentence is served, and it is declared he is not an AU citizen .. and he cant take it out in prison.. he can be deported.. it matters not what age he was when he immigrated here..

 

[plentyofnous]

of course, I am also hoping that Gerard forgot to take out AU citizenship too , so that IF he is convicted and once he has served his time, he is deported. Back to Zim!.. and wont they be pleased to have Bwanas son back in their bosom.

LOL, the term BWANAS always gains a chuckle from me, lol, wonder what that plate is worth now